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2025 DAILYLAW 22687 (RAJ)

RAVI SAIN S/O RADHESHYAM @ SHYAMLAL v. STATE OF RAJASTHAN

CRLAS/1747/2025 · 2025-08-08

Anil Kumar Upman

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:30838] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 1747/2025 Ravi Sain S/o Radheshyam @ Shyamlal, Aged About 25 Years, R/o Kalmandi Khurd Thana Sadar Jhalawar (At Present Confined At District Jail Jhalawar) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Mahesh Kumar S/o Gigaram Meena, Aged About 37 Years, R/o Dhabavali Thoi Sikar At Present Jhalawar Kotwali Jhalawar Rajasthan. ----Respondents Connected With S.B. Criminal Appeal (Sb) No. 1571/2025 Ravindra Singh S/o Shambhu Singh, Aged About 31 Years, Resident Of Kalmandi Khurd Police Station Sadar Jhalawar District Jhalawar (Raj) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Mahesh Kumar S/o Gigaram Meena, Aged About 38 Years, Resident Of Dhabavali Thoi, District Sikar Presently Resident Of Jhalawar Police Station Jhalawar Sadar District Jhalawar (Raj) ----Respondents For Appellant(s) : Mr. Abdul Rahim Khan Mr. Anubodh Subodh Jain For Respondent(s) : Mr. N.S Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/08/2025 1. These appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 02.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar in Bail Application No.130/2025 rejecting the bail application preferred on behalf of the appellants, [2025:RJ-JP:30838] (2 of 3) [CRLAS-1747/2025] who are in custody in connection with FIR No.174/2025 registered at Police Station Jhalawar Sadar, District Jhalawar for the offences under Sections 121(2), 132, 189(3), 351(3) & 352 of Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023, Section 3 of PDPP Act, 1984 and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amendment 2015). 2. It is contended by learned counsel for the appellants that appellants have falsely been implicated in this case. Counsel submit that bare perusal of the FIR would reveal that no offence under the Atrocities Act is made out. Counsel submit that except offence punishable under the SC/ST (Prevention of Atrocities) Act, maximum term of sentence for all the other offences is three years. It is submitted that there are no criminal antecedents against appellant- Ravi Sain whereas one other case has been registered against appellant- Ravindra Singh. It is contended that trial will take considerable time in its conclusion. Counsel submit that appellants are in custody since 26.05.2025 and further custody of the appellants would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the prayer of bail made in these appeals. Counsel submits that victim/complainant has duly been informed about hearing of these appeals (bail). 4. Despite information, no one has put in appearance on behalf of the victim/complainant to oppose the prayer for bail made in these appeals (bail). 5. Heard. Perused the material available on record. [2025:RJ-JP:30838] (3 of 3) [CRLAS-1747/2025] 6. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellants, especially considering the material available on record and trial will take considerable time in its conclusion as well as looking to the custody period, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellants on bail. 7. Consequently, these appeals are allowed. The impugned order dated 02.06.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar is set aside. It is ordered that the accused-appellants (1) Ravi Sain S/o Radheshyam @ Shyamlal and (2) Ravindra Singh S/o Shambhu Singh, arrested in connection with aforesaid FIR No.174/2025 registered at Police Station Jhalawar Sadar, District Jhalawar shall be released on bail, if not wanted in any other case, provided each of them shall furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. 8. The observations made hereinabove are only for decision of the instant appeals (bail) and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /468-469